17-69 - R TOWN OF PROSPER,TEXAS RESOLUTION NO. 17-69
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS AS HEREINAFTER REFERRED TO AS "APPLICANT,"
DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR,
ACTING FOR, AND ON BEHALF OF THE APPLICANT IN DEALING WITH
THE TEXAS PARKS & WILDLIFE DEPARTMENT, HEREINAFTER
REFERRED TO AS "DEPARTMENT," FOR THE PURPOSE OF
PARTICIPATING IN THE LOCAL PARK GRANT PROGRAM,
HEREINAFTER REFERRED TO AS THE "PROGRAM"; CERTIFYING THAT
THE APPLICANT IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE,
CERTIFYING THAT THE APPLICANT MATCHING SHARE IS READILY
AVAILABLE,AND DEDICATING THE PROPOSED SITE FOR PERMANENT
(OR FOR THE TERM OF THE LEASE FOR LEASED PROPERTY) PUBLIC
PARK AND RECREATIONAL USES.
WHEREAS, the Applicant is fully eligible to receive assistance under the program; and
WHEREAS, the Applicant is desirous of authorizing an official to represent and act for
the Applicant in dealing with the Department concerning the Program; and
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS,THAT:
SECTION 1
That the Applicant hereby certifies that they are eligible to receive assistance under the
Program, and that notice of application has been posted according to local public hearing
requirements.
SECTION 2
That the Applicant hereby certifies that the matching share for this application is readily
available at this time.
SECTION 3
That the Applicant hereby authorizes and directs the Town Manager to act for the
Applicant in dealing with the Department for the purposes of the Program, and that the Town
Manager is hereby officially designated as the Town representative in this regard.
SECTION 4
The Applicant, hereby specifically authorizes the Town Manager to make application to
the Department concerning the site known as Whitley Place Park in the Town of Prosper for
use as a park site and is hereby dedicated (or will be dedicated upon completion of the
proposed acquisition)for public park and recreation purposes in perpetuity (orfor lease of the
term, if legal control is through a lease). Projects funded with federal monies may have differing
requirements.
SECTION 5
This Resolution shall take effect and be in full force from and after its passage, as
provided by the Revised Civil Statutes of the State of Texas and the Home Rule Charter of the
Town of Prosper, Texas.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXiNARN�T,t/iIS 12TH DAY OF SEPTEMBER, 2017.
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`� •••' •'d r� APPROVED:
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•� v Ray Smith,(Mayor
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Robyn Ba own Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch,Town Attorney
'�^ Resolution No. 17-69, Page 2
Local Park Grant Program
Applicant's Certification & Program Assurances
As the duly authorized representative of the sponsor designated in the Resolution Section
3, I certify that the Applicant:
1. Has complied with all pertinent local and state laws, and Local Parks Grants Program
requirements regarding public hearings, including floodplain development, if appropriate.
2. Has the required proportionate share of funds available and sufficient for the project as
required by Section 13.309 of the Parks and Wildlife Code.
3. Will maintain and operate areas acquired or developed with program assistance at sponsor
expense as required by Section 13.309 of the Parks &Wildlife Code.
4. Will permanently dedicate for public park and recreation use all project area(s) which
receive program assistance, as required by Chapter 640.1.2 of the Local Park Grant
Program Manual.
5. Has the legal authority to apply for program assistance and the institutional, managerial and
financial capability to ensure proper planning, management and completion of the project
described in this application.
6. Will give the State of Texas, hereafter referred to as "State," through any authorized
representative, access to and the right to examine all records, books, papers, or documents
related to the assistance; and will establish a proper accounting system in accordance with
generally accepted accounting standards or agency directives.
7. Will not dispose of, modify the use of, or change the terms of the real property title or other
interest in the site and facilities without permission and instructions from the Texas Parks &
Wildlife Department, and will record any federal interest in the title of real property in
accordance with U. S. Department of Interior directives.
8. Will dedicate and permanently maintain any property designated as a natural area, wetland,
or open space to meet program guidelines.
9. Will comply with all provisions of the "Summary of Guidelines for Administration of Local
Park Grant Acquisition & Development Projects."
10. Will comply with the requirements of the Department with regard to the drafting, review and
approval of construction plans and specifications.
11. Will obtain all required state and/or federal permits related to project development.
12. Will provide and maintain competent and adequate engineering supervision at the
construction site to ensure that the completed work conforms to the approved plans and
specifications.
13. Will furnish quarterly progress reports and such other information as may be required by
the Department.
14. Will initiate and complete the work within the applicable time frame after receipt of approval
from the Department.
15. Will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest or
personal gain.
PWD 1069C-P4000(06/2017)
Applicant's Certification & Program Assurances - Continued
16. Will comply with all State and Federal statues relating to non-discrimination. These include
but are not limited to: (a)Title VI of the Civil Rights Act of 1964(P.L. 88-352)which prohibits
discrimination on the basis of race, color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§ 1681-1686)which prohibits discrimination
on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29
U.S.C. § 794) which prohibits discrimination on the basis of handicaps; (d) the Age
Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107) which prohibits
discrimination on the basis of age; (e)any other non-discrimination provisions in the specific
statute(s) under which application for program assistance is being made, and (f) the
requirements of any other non-discrimination statute(s) which may apply to the application.
17. Will comply with the flood insurance purchase requirements of Section 4012(a)of the Flood
Disaster Protection Act of 1973 which requires recipients in a special flood hazard area to
participate in the program and to purchase flood insurance in an amount at least equal to
its development or project cost.
18. Will comply with environmental standards which may be prescribed to the following: (a)
institution of environmental quality control measures under the National Environmental
Policy Act of 1969(P.L. 91-190)and Executive Order(EO) 11514; (b)notification of violating
facilities pursuance to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d)
evaluation of flood hazards in floodplain in accordance with EO 11988; (e) assurance of
project consistency with the approved State management program developed under the
Coastal Zone Management Act of 1972 (16 U.S. C. §§ 1451 et seq.); (f) conformity of
Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear
Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.);(g) protection of underground
sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L.
93-523); and (h) protection of endangered species under the Endangered Species Act of
1973, as amended (P.L. 93-205).
19. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related
to protecting components or potential components of the national wild and scenic rivers
system.
20. Will assist the Department in assuring compliance with the Texas Antiquities Code.
21. Will cause to be performed the required financial and compliance audits in accordance with
the state or federal Single Audit requirements.
22. Will comply with all applicable requirements of all other State and Federal laws, regulations
and policies governing this program.
Town of Prosper/Whitley Place Trail Extension
Sponsor/ Project Name
Signature of Official AuthQ Wesolution
Harlan Jefferson, Town Manager
Print Name and Title f Official
Date C
PWD 1069C-P4000(06/2017)